About cimon2008

This author has not yet filled in any details.
So far cimon2008 has created 15 blog entries.

Post-Trial Reflection

A few weeks ago, I had the opportunity to try an automobile wreck case in Barrow County, Georgia.  The case involved two different defendants, but we had previously settled for the policy limits of one of the at-fault parties, so there was only one defendant sitting at opposing counsel table at trial.  The remaining defendant […]

Wells Fargo, Fraudulent Accounts, and Forced Arbitration

Much of the news on Wall Street lately has centered on the turmoil surrounding Wells Fargo, one of the county’s largest banks, as it deals with a massive scandal that involved opening hundreds of thousands of sham deposit and credit card accounts over many years without the knowledge of their customers.  The scale of these […]

Latest Update in the Continuing Fight Over Health Insurance Subrogation

We’ve written extensively on the legal issues involving health insurer’s subrogation rights following a plaintiff’s recovery in a personal injury case.  Unfortunately, the appellate court decisions on this important topic are far from clear.  The U.S. Supreme Court decision in the recent Montanile case is somewhat more favorable to injured victims than previous holdings from […]

Going to Trial Against Your Own Insurance Company

To finish our series of posts on handling UM claims, we’ll look at a few unique issues related to taking these cases all the way to trial.  First of all, the plaintiff has the burden to prove the existence of the UM policy, the amount of the policy, and the fact that the tortfeasor is […]

How Your Car Insurance Company Defends a UM Case

Continuing our posts related to cases involving uninsured/underinsured motorist (UM) coverage, let’s look at the issue of how your own car insurance carrier can choose to defend a case in which you’ve brought them into a lawsuit.  Once brought into the case, the UM carrier can choose to participate in the case under its own […]

What if I Can’t Find the Person I’m Suing?

Most prospective clients I talk to don’t realize that if we ever had to file a law suit on their behalf, the suit has to be brought against the individual who harmed them, not the insurance company with the money who is actually paying to defend the claim.  Because the individual is the actual named […]

Recovering from Your UM Coverage

Last week, we looked at two hurdles that can prevent an injured person from pursuing a claim against the uninsured/underinsured motorist coverage (UM) offered under their own car insurance policy.  But let’s assume you have the appropriate coverage and you’ve put your carrier on notice- how, then, do you go about pursuing that […]

Why Do I Need to Contact My Own Insurance Company if the Other Driver was At Fault?

One of the most important things an experienced lawyer can do at the outset of a new case is to investigate all sources of potential insurance coverage available to cover the client’s damages.  One such source of recovery is frequently a client’s own uninsured or underinsured motorist (UM) coverage through their own automobile […]

The Flip Side of the Prior Traverse Rule

Because we successfully handle a lot of premises liability cases, we frequently get opportunities to review cases with unusual liability arguments.  We recently had the chance to analyze a case with a unique application of the “prior traverse” rule- a legal principle that typically works against plaintiffs in premises liability cases.  In this instance, however, […]

How is “Pain & Suffering” Measured?

We’ve written before on the concept of pain and suffering damages, but in the wake of some new changes to Georgia’s standard jury instructions on this very subject, the topic is one worth re-visiting.  One of the most frequent questions we get from prospective clients is “How much is my pain and suffering worth?”  The […]